For a child suspected of having a specific learning disability,
the documentation of the determination of eligibility, as required in
34 CFR 300.306(a)(2), must contain a statement of:

Whether the child has a specific learning disability;

The
basis for making the determination, including an assurance that the
determination has been made in accordance with 34 CFR 300.306(c)(1);

The
relevant behavior, if any, noted during the observation of the child
and the relationship of that behavior to the child’s academic
functioning;

The educationally relevant medical findings, if any;

Whether
the child does not achieve adequately for the child’s age or to meet
State-approved grade-level standards consistent with 34 CFR
300.309(a)(1); and the child does not make sufficient progress to meet
age or State-approved grade-level standards consistent with 34 CFR
300.309(a)(2)(i); or the child exhibits a pattern of strengths and
weaknesses in performance, achievement, or both, relative to age,
State-approved grade level standards or intellectual development
consistent with 34 CFR 300.309(a)(2)(i); or the child exhibits a
pattern of strengths and weaknesses in performance, achievement, or
both, relative to age, State-approved grade-level standards or
intellectual development consistent with 34 CFR 300.309(a)(2)(ii);

The
determination of the group concerning the effects of a visual, hearing,
or motor disability; mental retardation; emotional disturbance;
cultural factors; environmental or economic disadvantage; or limited
English proficiency on the child’s achievement level; and

If the child has participated in a process that assesses the child’s response to scientific, research-based intervention:

The instructional strategies used and the student-centered data collected; and

The
documentation that the child’s parents were notified about: (1) the
State’s policies regarding the amount and nature of student performance
data that would be collected and the general education services that
would be provided; (2) strategies for increasing the child’s rate of
learning; and (3) the parents’ right to request an evaluation.

Each
group member must certify in writing whether the report reflects the
member’s conclusion. If it does not reflect the member’s conclusion,
the group member must submit a separate statement presenting the
member’s conclusions. [34 CFR 300.311] [20 U.S.C. 1221e-3; 1401(30); 1414(b)(6)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

From
your perspective, does this new provision for measuring achievement in
relation to the child’s age or to meet State-approved grade-level
standards mean doing more or working differently in schools?

From
your perspective, how will education evaluations within an RTI
framework compare with those currently provided through special
education eligibility determination?

When
you think of current programs and services, can you provide some
examples of documentation which now exist at the various grade levels
(e.g., early elementary, intermediate, middle, high school) that may be
used as data for SLD decision-making?

Application Questions

What new knowledge and skills will be needed to ensure consistent and accurate documentation of monitoring of student progress?

Do
you know what process, methods, and measures are in place that can be
used by the district/school to identify students’ achievement levels
and the need for scientific research-based interventions?

Is there a need to create processes and procedures?

If so, what might be involved in creating a functional process?

How
will a process be set in place to collect and report the data required?
What personnel development will be required to accomplish this?

These questions were developed by the following stakeholders working together: Role: Policymaker Location: Arizona